This guide will explore when an incorrect prescription claim could be made. Medical professionals owe their patients a duty of care. As part of this duty, they must provide their patients with the correct standard of care. A failure to do so could cause someone avoidable harm. In some cases, you could seek compensation for the harm you experienced. We will explore when this could be possible in more detail throughout our guide.
Incorrect prescription claims guide
Additionally, this guide will provide examples of how a prescription error could occur and the harm you could experience as a result.
Furthermore, we will explore the steps you can take to seek compensation as well as the settlement you could receive following a successful claim.
If you want to learn more, keep reading. As an alternative, you can get in touch with our advisers. To reach them, you can:
- Complete our online contact form
- Call 0113 460 1216 to speak to an adviser
- Make use of the chat feature on the screen.
Choose A Section
- Can You Claim For An Incorrect Prescription? – A Guide
- Examples Of An Incorrect Prescription
- When Can You Make A Medical Negligence Claim?
- Potential Evidence You Can Gather When You Have Been Wrongly Prescribed Medication
- What Could You Receive From A Medical Negligence Claim?
- Can You Make A No Win No Fee Medical Negligence Claim?
- Learn More About Claiming For Incorrect Prescription
Can You Claim For An Incorrect Prescription? – A Guide
An error with medication is any patient safety incident (PSI) that involves an error that has been made when prescribing, preparing, dispensing, administering or monitoring medicine. It can also involve an error made when giving advice on medicine. As such, an if you receive an incorrect prescription, this is a medication error.
You may be able to claim compensation for prescription errors if you can show that medical negligence occurred. This involves a medical professional providing you with care that fell below the expected standard and causing you to experience avoidable harm as a result.
Read on to learn more. However, if you’d like to discuss the details of your situation immediately, you can get in touch with our advisers. They can offer advice about what to do next and may be able to help you begin the medical negligence claim process.
Examples Of An Incorrect Prescription
There are many potential causes of medication errors. For example:
- Medication errors in healthcare may involve you being given the wrong prescription by a pharmacist when they process your prescription.
- Medication errors by nurses could involve you receiving the wrong dose of a medication on your prescription, leading to ineffective treatment of a condition. It could also result in death from medication error, in more severe cases.
If you have been given an incorrect prescription, call our advisors. They will be able to provide further information about when you can claim for any harm sustained.
When Can You Make A Medical Negligence Claim?
As mentioned, medical professionals are required to provide their patients with an adequate level of care. This can mean different things for different professionals; for example, a pharmacy professional is expected to act in accordance with the standards laid out by the General Pharmaceutical Council, whereas the General Medical Council provides guidance on the duties of a doctor.
You cannot claim for compensation simply because a medication made you sick, because many medications have known side-effects. However, if you can prove that you experienced unnecessary harm due to a medical professional failing to provide the correct standard of care, you may be able to seek compensation.
You must also be aware of the time limits for starting a medical negligence claim. This generally starts within:
- 3 years from the date the incident occurred
- 3 years from the date you realised the harm you sustained was caused by negligence.
These limits are established by the Limitation Act 1980, which also establishes exceptions for children and those without the mental capacity to claim. In these instances, a party may apply to become a litigation friend and begin a claim on their behalf.
Talk to our advisers to find out more details about claiming compensation after an incorrect prescription caused you preventable harm.
Potential Evidence You Can Gather When You Have Been Wrongly Prescribed Medication
Gathering evidence is an important step for bringing forward a medical negligence claim for harm sustained due to receiving the incorrect prescription. Examples of the evidence you could collect includes:
- Prescriptions
- Doctor reports
- Hospital reports
In addition to considering evidence provided in support of your claim, the Bolam test may be carried out. This involves a group of relevantly trained medical professionals assessing your case to determine whether you were provided the correct standard of care. The findings from this assessment can be used to support your case.
To learn more about the steps involved in seeking medical negligence compensation, get in touch on the number above.
What Could You Receive From A Medical Negligence Claim?
A medical negligence settlement can include up to two heads of claim. They both relate to different aspects of the harm you suffered.
General damages are intended to recompense you for the pain and suffering you experienced due to the harm caused by medical negligence.
While a medical negligence claim calculator could be used to calculate this head of claim, we’ve instead included a table using figures from the Judicial College Guidelines. This is a publication that solicitors can use to help them when valuing the general damages portion of claims.
| Type of Harm | Amount of Compensation | Details |
|---|---|---|
| Injuries Affecting Sight | £95,990 to £179,770 | (c) (i) Sight in one eye is lost and vision in the remaining eye is reduced. There is a serious risk of further deterioration. |
| Injuries Affecting Sight | £63,950 to £105,990 | (c) (ii) Loss of sight in one eye and reduced sight in the other, with other symptoms such as double vision. |
| Psychiatric Damage | £54,830 to £115,730 | (a) Severe: The person experiences several issues with education, work and relationships. |
| Bladder | £63,980 to £79,930 | (c) Serious control of impairment with pain and incontinence. |
| Bladder | £23,410 to £31,310 | (d) There has been an almost complete recovery but a long-term interference with natural function. |
| Bowels | £44,590 to £69,730 | (b) A complete loss of natural function. The person may depend on a colostomy. |
| Kidney | Up to £63,980 | (b) Significant risk of total loss of kidney function or future urinary tract infection . |
| Illness or Damage Resulting From A Non-Traumatic Injury | £38,430 to £52,500 | (b) (i) Toxicosis that's severe and causes several issues such as serious acute pain and vomiting. |
| Spleen | £20,800 to £26,290 | (a) The spleen is lost and there is an ongoing risk of internal infection and disorders because of a damaged immune system. |
These figures are intended as guidelines only, as each claim is valued according it’s unique circumstances.
Special Damages In Medical Negligence Payouts
Your settlement could also include special damages. This head of claim is meant as a way of recouping the financial costs associated with the harm caused by medical negligence. Some of the costs you could claim back include:
- Lost earnings, past and future
- Travel expenses
- Cost of care
- Medical costs
For more information on the compensation you could be awarded following a successful incorrect prescription claim, get in touch using the number above.
Can You Make A No Win No Fee Medical Negligence Claim?
If you contact our advisers and they find your claim is valid, they may put you in touch with one of the No Win No Fee solicitors on our panel. These solicitors can offer you a Conditional Fee Agreement (CFA).
By using a CFA, you usually do not have to pay for a solicitor’s services if your claim fails. The solicitor will take a percentage of your compensation if your claim succeeds. This amount is capped by law.
Get A Free Consultation To See If You Can Make A Medical Negligence Claim
Our advisers are available 24/7 and they may be able to offer insight into your potential incorrect prescription claim.
If you have evidence that shows you’ve suffered due to wrongly prescribed medication, our team may be able to help begin the medical negligence claim process.
To get in touch, you can:
- Complete our online contact form
- Call 0113 460 1216 to speak to an adviser
- Make use of the chat feature on the screen.
Learn More About Claiming For Incorrect Prescription
Further guides that may be useful to you:
- Medication Errors – How Do I Report Them?
- What Are Never Events And How Do I Claim Compensation?
- Meningitis Negligence Claims – Can I Claim If I’ve Been Misdiagnosed?
Additional resources you may find beneficial include:
- NHS Key Statistics – Statistics for the National Health Service, England, June 2022
- Statutory Sick Pay – Government resource regarding the statutory sick pay following an absence from work.
- NHS Constitution For England – A government guide on the principles and values of the NHS in England.
We hope you’ve found useful information in this guide about incorrect prescription claims. To learn more, contact us using the details provided.
Writer Morgan Faust
Editor Meg Macho
